(4) A Magistrate before whom a person is sent under 1[subsection (3)] may in his discretion
detain such person in custody 2[pending further action by himself under this Chapter.]
108. Security for good behaviour from persons disseminating seditious matter. Whenever
a 3* * * 4[Magistrate of the first class] 5* * * has information that there is within the limits of his
jurisdiction any person who, within or without such limits, either orally or in writing 6[or in any
other manner intentionally] disseminates or attempts to disseminate, or in anywise abets the
dissemination of,—
(a) any seditious matter, that is to say, any matter the publication of which is punishable
under 7[section 123A or] section 124A of the Pakistan Penal Code ( XLV of 1860), or
(b) any matter the publication of which is punishable under section 153A of the Pakistan
Penal Code(XLV of 1860), or
(c) any matter concerning a Judge which amounts to criminal intimidation or defamation
under the Pakistan Penal Code (XLV of 1860),
such Magistrate, 6[if in his opinion there is sufficient ground for proceeding] may (in manner
hereinafter provided) require such person to show cause why he should not be ordered to execute a
bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as
the Magistrate thinks fit to fix.
No proceedings shall be taken under this section against the editor, proprietor, printer or
publisher of any publication registered under, 8[and edited, printed and published] in conformity
with 9[the provisions of the West Pakistan Press and Publications Ordinance, 1963 (W.P. Ord. XXX
of 1963), or any other law relating to press and publications for the time being in force] 6[with
reference to any matters contained in such publication except by the order or under the authority of
10* * * the 5[Provincial Government] or some officer empowered 11[by the Provincial Government]
in this behalf.
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 16, for “this section”.
2 Subs. ibid., for “until the completion of the inquiry hereinafter prescribed”.
3 The words “Chief Presidency or” omitted by A.O., 1949, Sch.
4 Subs. by Ord. 37 of 2001, s. 31 (w.e.f 1482001)
5 Subs. by Ord. 12 of 1972, s. 2 and Sch.
6 Ins. by Act 18 of 1923, s. 17.
7 Ins. by the Code of Criminal Procedure (Second Amdt.) Act, 1950 (73 of 1950), s. 2.
8 Subs. by Act 18 of 1923, s. 17, for “or printed or published”.
9 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., as amended by the Law Reforms (Amdt.) Ordinance, 1975 (24 of 1975), s.2 and Sch.
10 The words “the G.G. in C., or” rep. by A.O., 1937.
11 Subs. ibid., for “by the G.G. in C.”.
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